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HomeMy WebLinkAbout15 005 Repeal of By-law No. 2014-044 and Amendment (2015) to Kincardine Expanded Service Area Water By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT '.447 '�3: 11 0F \NCP BY -LAW BY -LAW NO. 2015 - 005 BEING A BY -LAW TO AMEND BY -LAW NO. 2005 -142; BEING A BY -LAW TO AMEND THE RULES AND REGULATIONS FOR THE MAINTENANCE AND OPERATION OF, AND CONNECTION TO, THE EXPANDED SERVICE AREA OF THE KINCARDINE WATER TREATMENT PLANT AND TO PROVIDE PENALTIES FOR VIOLATIONS THEREOF WHEREAS the Council of the Municipality of Kincardine passed By -law No. • 2004 -55 on April 21St, 2004 being a by -law to enact rules and regulations for the maintenance and operation of, and connection to, a system of municipal water works for properties and highways contained in the Kincardine Water Treatment Plant Expanded Service Area; AND WHEREAS the Council of the Municipality of Kincardine deemed it advisable to amend the above noted rules and regulations and passed By -law No. 2005 -142 on September 7, 2005; AND WHEREAS Council passed Resolution # 11/06/13 -08 regarding the Kincardine Shoreline Pipeline Debt which directed staff to prepare necessary documentation to implement Option 2 (Mandatory payment only (no requirement to connect)) as set out in Treasurer's Report No. THE 2013 -17; AND WHEREAS Council passed By -law No. 2014 -044 to amend By -law No. 2005 -142 to implement the above noted option; AND WHEREAS Council deems it advisable to repeal By -law No. 2014 -044 and amend By -law No. 2005 -142; • NOW THEREFORE the Council of The Corporation of the Municipality of p p Y Kincardine ENACTS as follows: 1. That By -law No. 2014 -044 be hereby repealed. 2. That any debts outstanding from the expanded service area of the Kincardine Water Treatment Plant (Shoreline Pipeline Project) be funded from the Health Care Reserve Fund (Fund 66). 3. That the pipeline capital charge and fire charge for any subsequent hook ups will be paid to the Health Care Reserve Fund (Fund 66) until such time as the funds have been replenished. 4. That all billings as a result of By -law No. 2014 -044 be reversed and a refund to landowners who have paid as a result of these billings be processed no later than June 30, 2015. 5. That Schedule `B' of By -law No. 2005 -142 is hereby repealed and replaced with the attached Schedule `B'. 6. That Section 29 of By -law No. 2005 -142 be renumbered to 29 (a) and that the following be added: b) All Benefiting Water Landowners that have paid a premium on the pipeline capital charge according to subsection 29(a) and as per Schedule "B" shall be entitled to a refund of the premium amount paid without interest. Page 2 Repeal of By -law No. 2014 -044 and Amendment (2015) to Kincardine Expanded Service Area Water By -law By -law No. 2015 - 005 7. That Section 41 be amended by deleting and replacing Fire ERUs and • Price per Fire ERU as follows: Fire ERUs 1.083 Price per Fire ERU $379. 8. That Section 47(b) be amended by deleting "Municipality's Public Works Committee" and replacing it with "Council of the Municipality of Kincardine ". 9. This By -law shall come into full force and effect upon its final passage. 10. This By -law may be cited as the "Repeal of By -law No. 2014 -044 and Amendment (2015) to Kincardine Expanded Service Area Water By- law". READ a FIRST and SECOND TIME this 14th day of January, 2015. READ a THIRD TIME and FINALLY PASSED this 14th day of January, 2015. ou • Mayor ((II Clerk • • SCHEDULE "B" To By -law No. 2005 —142 • (Amended by By -law No. 2015 - 005) Amendment to Expanded Service Area Water By -law "FINAL PIPELINE CAPITAL CHARGES" Total Pipeline Capital Cost (Year 0) $5,802.00 + CPI Fire Protection Capital Cost $379.00 + CPI Kincardine Water Reserve Fund $300.00 Contribution • 1111 •